Agenda Item 8AAGENDA ITEM # 8A
SEPTEMBER 24, 2012
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Donation of Property adjacent to Ri r Branch Preserve
SUBMITTED BY: Jim Hanson
DATE: September 14, 2012
BACKGROUND: The River Branch Foundation wishes to donate an 11.84 acre tract of property
adjacent to the City's River Branch Preserve, to the City of Atlantic Beach. This
property will include a conservation easement to the Public Trust Environmental
Law Institute which sets out restrictions on the present and future use of the
property. The parcel also has a conservation easement over 2.23 acres of the
property which was granted to the SJRWMD in 2005 and later amended.
The River Branch Foundation wants the property to remain in its present
wilderness state, with possible minor improvements for public access. To ensure
that the property will remain in its current condition, they plan to grant a
conservation easement to the Public Trust Environmental Law Institute after they
close on the property in October and prior to the donation to the City. This
conservation easement is very similar to the one that exists for the adjacent River
Branch Preserve property currently owned by the City of Atlantic Beach. The
easement on the current Preserve was granted to the North Florida Land Trust.
The River Branch Preserve was acquired in 2009 with a majority of the funding
coming from the River Branch Foundation. Atlantic Beach paid $185,000 and the
Public Trust Law Environmental Institute put in approximately $30,000. The
acquisition of the River Branch property provided a critical link between the
Dutton Island and Tideview Preserves and is a central part of the recently
approved Marsh Master Plan. The addition of this new property would enhance
and expand the River Branch Preserve. Any development on this 11.84 acre tract
would have severely detracted from the pristine natural environment that makes
the Preserves such a valuable asset to the citizens of Atlantic Beach.
BUDGET: There is no development proposed for this 11.84 acre parcel although walking
trails or other non - invasive public access aids may be added in future. Because
the purpose of this donation is for the property to remain in its wilderness
condition, the City anticipates very little cost for maintenance and ownership.
Consequently, no budget is needed at this time.
RECOMMENDATION: Authorize the Mayor to accept the donation of the 11.84 acre tract from the River
Branch Foundation of Jacksonville Beach, Florida on behalf of the City of
Atlantic Beach.
ATTACHMENTS: 1) Press Announcement from the River Branch Foundation
2) Conservation easement to the Public Trust Environmental Law Institute
3) Conservation easement and amendment to the SJRWMD
4) Drawing of property
RIVER BRA C AGENDA ITEM # 8A
F SEPTEMBER 24, 2012
Jacksonville Beach, FL, September 22, 2012
The River Branch Foundation of Jacksonville Beach, Florida is pleased to announce its
offer to the City of Atlantic Beach of an IL 84-acre tract at the entry of Dutton Island Preserve
as a conservation land donation in continuation of its mission of assisting in wilderness
preservation in northeast Florida. The Public Trust Environmental Law Institute will assist the
purchase by holding the conservation easement on the property, which will be deeded to the City
of Atlantic Beach.
In 2009, River Branch partnered with Public Trust Environmental Law Institute, the City
of Atlantic Beach, and the North Florida Land Trust in the purchase for conservation of the
Buckman - Pritchard 350 -acre tract on the Intracoastal Waterway, now known as the River Branc
Preserve
For more than 40 years, the River Branch Foundation has been actively working to
improve the quality of life in the northeast Florida area. "We are very pleased to again be a part
of helping to preserve part of our beautiful natural local landscape for future generations," said
Jennifer Johnson Duke, River Branch Foundation Director.
For information contact:
ileroux@riverbranchfoundation.org
177 FOUrth Avenue North, Jacksonville Beach. Flo6d a 32250
AGENDA ITEM # 8A
SEPTEMBER 24, 20I2
RECORD AND RETURN TO:
The Public Trust Environmental Legal Institute of Florida, Inc.
Attn: Andrew Miller
2029 North Third Street
Jacksonville Beach, FL 32250
CONSERVATION EASEMENT
THIS INDENTURE (this "Conservation Easement ") is made this _ day of
, 2012, between CHALLEN CAPITAL, INC., a Florida corporation (the
"Grantor "), whose address is 1819 Challen Avenue, Jacksonville, Florida 32205, and The Public
Trust Environmental Legal Institute of Florida, Inc., a Florida nonprofit corporation with
address 2029 North Third Street, Jacksonville Beach, FL 32250, its successors and assigns (the
"Holder ").
WHEREAS, the Grantor is the owner in fee simple of certain real property located in
Duval County, Florida which provides significant natural habitat for a variety of wildlife, fish,
and plants; and has natural, aesthetic, scientific, educational, and ecological value in its present
natural state; and which property is described in Exhibit A attached hereto and by this reference
incorporated herein (the "Protected Property"); and
WHEREAS, the Holder hereby represents that it is a "qualified organization" as defined
by Section 170(h)(3) of the Internal Revenue Code of 1986, as amended and the regulations
thereunder (the "Code "); and
WHEREAS, the Holder hereby represents that it is a charitable corporation whose
purposes include protecting natural, scenic or open space values of real property, assuring its
availability for open space use, protecting natural resources, maintaining or enhancing water
quality and is qualified to acquire conservation easements under Section 704.06, Florida Statutes;
and
WHEREAS, the Holder is a tax exempt public charity under Section 501(c)(3) of the
Code, and the Holder's primary purpose is to preserve natural areas and special places in North
Florida; and
WHEREAS, the Protected Property qualifies as "a relatively natural habitat of fish,
wildlife, or plants, or similar ecosystems," as that phrase is used in Section 170(h)(4)(a)(ii) of the
Code, for many of the following attributes:
The Protected Property contains ` acres of (e.g. wetlands) which is along the
St. Johns River and has ecological importance, provides natural habitat for flora and fauna, and is
a portion of a long, relatively undeveloped riparian corridor along the St. Johns River that
provides important benefits for wildlife.
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WHEREAS, the Protected Property qualifies as "natural habitat" as that phrase is used in
Section 170(h)(4)(a)(ii) of the Code the preservation of which natural habitat is for (i) the scenic
enjoyment of the general public, (ii) is pursuant to clearly delineated Federal, state, and local
governmental policies and (iii) will yield significant public benefit; and
WHEREAS, the Protected Property is located in an area of increasing development and
the development of the Protected Property in excess of that allowed in this Conservation
Easement would significantly impair the habitat it contains and the ability of such habitat to
support the species and ecological communities present there; and
WHEREAS, this Conservation Easement would prevent forestry practices harmful to the
ecology, habitats, and wildlife of the Protected Property; and
WHEREAS, the Protected Property possesses significant wildlife, fish, and plant natural
habitat, and significant scenic values, all as described above (collectively, the "Conservation
Values "), which Conservation Values are of great importance to the Grantor and Holder; and
WHEREAS, the Conservation Values are further documented in the Baseline
Documentation Report for the Protected Property, dated 2012, and
incorporated herein by this reference (the "Report"), completed by
and provided to the Grantor and signed by the
Grantor and the Holder, a copy of which Report is on file with both the Grantor and the Holder,
and which Report establishes the condition of the Protected Property at the time of the gift as
provided in Treasury Regulation Section 1.170A- 14(g)(5); and
WHEREAS, the Grantor desires to ensure that the conservation easement granted herein
complies with the provisions of Section 2031(c) of the Code, relating to the Federal Estate Tax
treatment of lands subject to a qualified conservation easement, and intends that the lands which
are the subject of this Conservation Easement will so qualify for such treatment; and
WHEREAS, the parties intend hereby to comply with Section 704.06 of the Florida
Statutes which permits the creation of conservation easements for the purposes of, inter alia,
retaining land or water areas predominantly in their natural, scenic, open or wooded condition or
as suitable habitat for fish, plants, or wildlife; and
WHEREAS, the Grantor and the Holder have the common purpose of protecting the
Conservation Values by placing voluntary restrictions upon the use of the Protected Property and
by providing for the transfer from the Grantor to the Holder of affirmative rights for the
protection of the Protected Property.
NOW, THEREFORE, the Grantor, as an absolute gift, with no monetary consideration,
and in consideration, which is hereby acknowledged, of the covenants, mutual agreements,
conditions, and promises herein contained, does hereby freely give, grant, bargain, sell, and
convey unto the Holder, its successors and assigns, forever, a conservation easement as defined
in Section 704.06 of the Florida Statutes (without intending that the existence of this
Conservation Easement be dependent on the continuing existence of such laws), in perpetuity,
over the Protected Property, of the nature and character and to the extent hereinafter set forth.
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SEPTEMBER 24, 2012
A. PURPOSE
The purpose of this Conservation Easement is to forever conserve the Protected Property
for the following conservation purposes (collectively, the "Purpose "):
To protect in perpetuity the significant natural habitat, the scenic values, and open space of the
Protected Property for public benefit by retaining it forever in its predominantly natural and
scenic condition; and
To protect the native plants, animals, and plant and animal communities on the Protected
Property including the rare and uncommon species present and their habitat; and
To conserve the water quality, wetlands, and riparian values of the Protected Property; and
The Grantor and Holder intend that this Conservation Easement will confine the use of the
Protected Property to activities that are consistent with the Purpose of this Conservation
Easement, including but not limited to passive public recreation, and will prohibit or prevent any
use of the Protected Property in excess of that allowed by this Conservation Easement that would
significantly impair or interfere with the Conservation Values.
B. AFFIRMATIVE RIGHTS OF THE HOLDER
To accomplish the Purpose of this Conservation Easement, this Conservation Easement
conveys the following rights to the Holder:
1. Conservation Values The right to preserve and protect the Conservation Values in
perpetuity.
2. Right of Entry The right of the Holder's officers, employees, and/or designated agents,
including student volunteers, to enter the Protected Property in a reasonable manner and at
reasonable times for the following purposes:
(a) to inspect the Protected Property to determine whether the Grantor is complying
with the covenants and Purpose of this Conservation Easement at discretion of
Holder with appropriate written notice to Grantor; provided, however, that except
in cases where the Holder reasonably determines that immediate entry is required
to prevent, terminate, or mitigate a violation of this Conservation Easement, the
Holder shall give written notice to the Grantor no less than seven (7) days before
entering the Protected Property, and the Holder shall not in any event
unreasonably interfere with the Grantor's use and quiet enjoyment of the
Protected Property.
(b) to enforce the terms of this Conservation Easement in accordance with the
Holder's remedies as set forth in Section E hereof; and
(c) with written permission of Grantor, to make scientific and educational
observations and studies and research projects and to monitor the condition of the
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rare plant and animal populations, plant communities, and natural habitats on the
Protected Property; and
ith written permission of Grantor, the Holder, may from time to time, not to
exceed two (2) times per year, conduct conservation- related events and/or tours
for the purpose of education to further the mission of the Holder. For such events
the Holder must obtain the same event permit(s) as is (are) required of others
when holding events on other City of Atlantic Beach properties.
3. Enforcement The right to prevent any activity on, or use of, the Protected Property that
is inconsistent with the Purpose of this Conservation Easement, and to require the restoration of
such areas or features of the Protected Property that may be damaged by any inconsistent activity
or use by the Grantor or by another with or without the authorization of Grantor, pursuant to
Section E hereof.
The Holder will review the baseline survey, monitoring reports, and other information about the
Protected Property and decide whether any landowner actions have violated the terms of this
Conservation Easement and, if required, recommend enforcement actions to Holder's full board
of directors. The Holder will review and be empowered to approve any ecological restoration
plan, forestry management plan, or construction plan submitted by Grantor to Holder for
approval.
C. RESTRICTIONS AND RESERVED RIGHTS
This Conservation Easement prohibits all of the following on the Protected Property:
1. Construction or placing of buildings, roads, signs, billboards or other advertising,
utilities, or other structures on or above the ground.
2. Dumping or placing of soil or other substance or material as landfill or dumping or
placing of trash, waste, or unsightly or offensive materials.
3. Removal or destruction of trees, shrubs, or other vegetation except for invasive
vegetation as described in Section 9, below, or except for the removal or destruction of trees or
vegetation that pose a threat to life, property, or utility lines, and provided that the primary
purpose of this removal is ecological restoration, that is, to foster the return of the Protected
Property to a more natural or pristine condition.
4. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material
substance in such manner as to affect the surface.
5. Surface use except for purposes that permit the land or water area to remain
predominantly in its natural condition.
6. Activities detrimental to drainage, flood control, water conservation, erosion control, soil
conservation, or fish and wildlife habitat preservation.
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7. Acts or uses detrimental to such retention of land or water areas.
8. Acts or uses detrimental to the preservation of the structural integrity or physical
appearance of sites or properties of historical, architectural, archaeological, or cultural
significance.
9. Planting or introduction of plant species on the Florida Exotic Pest Plant Council's List of
Invasive Species or other plant species generally regarded as invasive exotic is prohibited.
Grantor will use reasonable efforts to control invasive exotic species on the Protected Property.
10. Commercial activity on the Protected Property is prohibited except for activities having
negligible impact on the conservation values of the property such as the use of the property for
commercial nature tours. All but de minim commercial recreation activities are prohibited
within the meaning of Section 2031(c)(8)(B) of the Code.
11. Any division, subdivision, or partition of the Protected Property is prohibited.
12. Any industrial, ranching, or commercial agricultural use of the Protected Property beyond
Section X above, is prohibited.
13. Use of herbicides, pesticides, and other hazardous chemicals on the Protected Property is
prohibited except to control invasive exotic species, for road maintenance, for ecological
restoration, or other use with written permission of Holder.
14. Any other activity not described in Section B or Section D of this Conservation
Easement.
D. ADDITIONAL RESERVED RIGHTS OF GRANTOR
The Grantor reserves to itself and its successors and assigns all rights accruing from its
ownership of the Protected Property, including the right to engage in, and to permit or invite
others to engage in, all uses of the Protected Property that are not expressly prohibited herein,
provided such uses are not inconsistent with the Purpose of this Conservation Easement. The
following additional rights are expressly reserved to the Grantor:
1. Right to Sell The right to sell, give, or otherwise convey or encumber the Protected
Property, provided that any such conveyance or encumbrance shall be subject to the terms of this
Conservation Easement.
2. Public Access Nothing contained herein should be construed as affording the general
public physical access to any portion of the Protected Property; however, Grantor, its successors
and assigns, may from time to time permit public access by invitation for passive recreational use
that is not inconsistent with the Purpose as expressed in Section A above.
3. Maintenance. The Grantor may perform the following:
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maintain or improve existing roads, but the paving of roads with impervious
surfaces or treating roads with substances that may result in pollution of water
resources is prohibited;
repair, replace, or add structures associated with the construction of unpaved trails
such as boardwalks, foot bridges, steps, and observation platforms;
improve, repair, or replace stream crossing structures on existing or permitted
roads such as bridges, culvert crossings, and hard bottom crossings, with the same
type of structure; and
construct, repair, or replace erosion control structures, except that any erosion
control measure placed on the banks of the St. Johns River must be designed and
constructed in a manner that does not detract from the scenic and substantially
unbuilt character of the Protected Property.
E. THE HOLDER'S REMEDIES
1. Notice of Violation; Corrective Action If the Holder determines that a violation of the
terms of this Conservation Easement has occurred or is threatened, the Holder shall give written
notice to the Grantor of such violation, and demand corrective action sufficient to cure such
violation, and where the violation involves injury to the Protected Property resulting from any
use or activity conducted by Grantor or by another with or without the authorization of Grantor,
which is inconsistent with the Purpose of this Conservation Easement, to restore the Protected
Property so injured to its condition before the violation occurred in accordance with a plan
approved by Holder.
2. Remedies If the Grantor fails to cure any violation or threatened violation of this
Conservation Easement, or cause such other corrective action to be taken as requested by the
Holder within thirty (30) days after receipt of the written notice described in Paragraph 1 of this
section (or, under circumstances where the requested corrective action cannot reasonably be
completed within the thirty-day period, if the Grantor fails to make good faith efforts to initiate
and pursue the requested corrective action within the thirty -day period), the Holder shall be
entitled to bring an action or actions at law or equity in a court of competent jurisdiction in the
county where the Protected Property is located, to do the following:
(a) Enforce the terms of this Conservation Easement; and/or
(b) Enjoin the violation by temporary or permanent injunction, as necessary and the
Grantor waives any bond requirement otherwise applicable to any petition for
such relief; and/or
(c) Require the restoration of the Protected Property to its condition before the
violation occurred; and/or
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(d) Report to any regulatory authorities any environmental conditions, or any
potential or actual violations of environmental laws; and /or
(e) Recover any damages arising from the violation.
If such court determines that the Grantor has failed to comply with this Conservation
Easement, the Grantor shall reimburse the Holder for any reasonable costs of enforcement,
including Holder's staff time, court costs, and reasonable attorneys' fees, in addition to any other
payments ordered by such court. If Holder initiates litigation and the court determines that the
Grantor has complied with all the terms of the Conservation Easement and that Holder initiated
litigation in bad faith, then the Holder shall reimburse Grantor for any reasonable costs of
defending such action, including court costs and reasonable attorneys' fees.
3. Forbearance The Holder does not waive or forfeit the right to take action as may be
necessary to insure compliance with this Conservation Easement by any prior failure to act, and
the Grantor hereby waives any defense of laches, estoppel or prescription with respect to any
delay by the Holder in acting to enforce any restriction or exercise any rights under this
Conservation Easement.
4. Acts Beyond the Grantor's Control Nothing herein shall be construed to entitle the
Holder to institute any enforcement proceeding against the Grantor for any change to the
Protected Property due to causes beyond the Grantor's control, including, without limitation,
change caused by fire, flood, storm, or the unauthorized wrongful acts of third persons.
5. Scope of Relief Holder's rights under this Section E apply equally in the event of either
actual or threatened violations of the terms of this Conservation Easement. Grantor agrees that
Holder's remedies at law for any violation of the terms of this Conservation Easement are
inadequate and that Holder shall be entitled to the injunctive relief described in Section E,
Paragraph 2, both prohibitive and mandatory, in addition to such other relief to which Holder
may be entitled, including specific performance of the terms of the Conservation Easement,
without the necessity of proving either actual damages or the inadequacy of otherwise available
legal remedies. Holder's remedies described in this Section E shall be cumulative and shall be in
addition to all remedies now or hereafter existing at law or in equity.
F. EXTINGUISHMENT
1. Termination If circumstances arise in the future that render the purpose of this
Conservation Easement impossible to accomplish, this Conservation Easement can only be
terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of
competent jurisdiction after notice to the original Grantor. The amount of the proceeds to which
Holder shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or
involuntary conversion of all or any portion of the Protected Property subsequent to such
termination or extinguishment, shall be the stipulated fair market value of the Conservation
Easement, or proportionate part thereof, as determined in accordance with Section G, Paragraph
2.
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2. Valuation This Conservation Easement constitutes a real property interest immediately
vested in Holder, which for the purposes of Section G, Paragraph 1, the parties stipulate to have a
fair market value determined by multiplying (a) the fair market value of the Protected Property
unencumbered by the Conservation Easement (minus any increase in value after the date of this
grant attributable to improvements not made by Holder) by (b) x/y, which is the ratio of the value
of the Conservation Easement at the time of this grant to the value of the Protected Property
without deduction for the value of the Conservation Easement at the time of this grant. The
values at the time of this grant shall be those values used to calculate the deduction for federal
income tax purposes allowable by reason of this grant, pursuant to Section 170(h) of the Code.
For the purposes of this paragraph, the ratio of the value of the Conservation Easement to the
value of the Protected Property unencumbered by the Conservation Easement shall remain
constant. [TO BE REVIEWED BY RIVERBRANCH ACCOUNTANT]
G. CONDEMNATION
1. Condemnation If all or any part of the Protected Property is taken by exercise of the
power of eminent domain or acquired by purchase in lieu of condemnation, whether by public,
corporate, or other authority, so as to terminate this Conservation Easement, in whole or in part,
Grantor and Holder shall act jointly to recover the full value of the interests in the Protected
Property subject to the taking or in lieu purchase and all direct or incidental damages resulting
therefrom. All expenses reasonably incurred by Grantor and Holder in connection with the
taking or in lieu purchase shall be paid out of the amount recovered. Holder's share of the
balance of the amount recovered shall be determined by multiplying that balance by the ratio set
forth in Section G, Paragraph 2.
2. Application of Proceeds Holder shall use any proceeds received under the circumstances
described in this Section H in a manner consistent with its conservation purposes, which are
exemplified by this grant.
H. AMENDMENT
If circumstances arise under which an amendment to or modification of this Conservation
Easement would be appropriate, the Grantor and the Holder may by mutual written agreement
jointly amend this Conservation Easement, provided that no such amendment shall be made that
will adversely affect the qualification of this Conservation Easement for the tax benefits
available or the status of Holder under any applicable laws, including Sections 170(h) and
501(c)(3) of the Code. Any such amendment shall be consistent with the Purpose of this
Conservation Easement, shall not affect its perpetual duration, and shall not result in any
diminution of protection of the Conservation Values. Any such amendment shall be recorded in
the official public records of Duval County, Florida. Nothing herein shall require the Holder to
agree to any amendment.
I. ASSIGNMENT
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1. Assignment Allowed The Grantor and the Holder recognize and agree that the benefits
and obligations of this Conservation Easement are in gross and assignable only in accordance
with the terms of this section.
2. Qualified Assignee The benefits and obligations of this Conservation Easement shall
only be assigned to an organization that is, at the time of the assignment, both (a) a "qualified
organization" as that term is defined in Section 170(h) of the code and (b) authorized to acquire
and hold conservation easements under Section 704.06 of the Florida Statutes or any successor
provision then applicable.
3. Terms of Assignment The Holder shall require, as a condition of any assignment of the
benefits and obligations of this Conservation Easement, that the assignee organization shall agree
to continue to carry out in perpetuity, under substantially the same terms as contained in this
Conservation Easement, the Purpose of this Conservation Easement.
4. Notice to the Grantor The Holder agrees to give written notice to the Grantor of its
intention to assign the benefits and obligations of this Conservation Easement at least sixty (60)
days prior to the date of such assignment. The failure of the Holder to give such notice shall not
affect the validity of such assignment, impair the validity of this Conservation Easement, or limit
the enforceability of this Conservation Easement in any way.
J. DISCRETIONARY CONSENT
1. Notice and Approval The Grantor shall notify the Holder before undertaking any
activity in excess of those allowed by this Conservation Easement that may reasonably be
expected to have a material adverse impact on the Conservation Values. Such notice shall be in
writing and shall describe the proposed activity in sufficient detail to allow the Holder to judge
the consistency of the proposed activity with the Purpose of this Conservation Easement. The
Holder may permit such a proposed activity only if the Holder determines that such activity does
not violate the Purpose of this Conservation Easement and either enhances or does not impair the
Conservation Values.
Notwithstanding the foregoing, the Holder and the Grantor have no right or power to agree to
any activity on the Protected Property that is inconsistent with the Purpose of this Conservation
Easement.
2. Review Period Whenever a consent or approval is required from either the Grantor or
the Holder, the party seeking the consent or approval shall send a written request for such
consent or approval to the other party as specified in Paragraph 8 of Section M hereof, and such
other parry shall respond to the request within thirty (30) business days of its receipt. In the
event that the consenting or approving party fails to respond within the thirty (30) business day
period, its consent or approval shall be implied, provided, however, that no consent or approval
shall be implied for any activity on the Protected Property that is inconsistent with the Purpose of
this Conservation Easement.
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K. THE GRANTORS' REPRESENTATIONS AND WARRANTIES
1. Title The Grantor covenants, represents, and warrants the following:
(a) That the Grantor is the sole owner and is lawfully seized of the Protected Property
in fee simple and has good right to grant and convey this Conservation Easement;
(b) That the Protected Property is free and clear of any and all encumbrances,
including but not limited to a mortgage or mortgages covering all or any part of
the Protected Property;
(c) That the Holder shall have the use of and enjoy all of the benefits derived from
and arising out of this Conservation Easement; and
(d) That there is no pending or threatened litigation in any way affecting, involving,
or relating to the Protected Property.
2. No Control of Protected Property by Holder
Nothing in this Conservation Easement shall be construed as giving rise, in the absence of a
judicial decree, to any right or ability to Holder to exercise physical or managerial control over
the day -to -day operations of the Protected Property, or any of Grantor's activities on the
Protected Property, or otherwise to become an operator with respect to the Protected Property
within the meaning of The Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended ( "CERCLA "), and any corresponding state statute.
3. Federal, State and Local Laws Grantor covenants, represents and warrants that the
Protected Property shall at all times comply with the requirements of all Federal, State, and local
laws, regulations, and requirements applicable to the Protected Property, and all regulations
promulgated by any authorized body pursuant thereto.
4. Environmental Representations The Grantor covenants, represents, and warrants that,
after investigation and to the best of their knowledge:
(a) No substance defined, listed, or otherwise classified pursuant to any federal, state, or local
law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the
air, water, or soil, or in any way harmful or threatening to human health or the environment
exists or has been released, generated, treated, stored, used, disposed of, deposited, abandoned,
or transported in, on, from, or across the Protected Property;
(b) There are not now any underground storage tanks located on the Protected Property, whether
presently in service or closed, abandoned, or decommissioned, and no underground storage tanks
have been removed from the Protected Property in a manner not in compliance with applicable
federal, state, and local laws, regulations, and requirements; and
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(c) If, at any time, there occurs, or has occurred, a release in, on, or about the Protected Property
of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal,
state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise
contaminating to the air, water, or soil, or in any way harmful or threatening to human health or
the environment, Grantor shall take all steps necessary to assure its containment and remediation,
including any cleanup that may be required, unless the release was caused by Holder, in which
case Holder shall be responsible.
L. GENERAL PROVISIONS
1. Costs The Grantor retains all responsibilities and shall bear all costs and liabilities of
any kind related to the ownership, operation, upkeep, and maintenance of the Protected Property,
including the maintenance of adequate comprehensive general liability insurance coverage.
Grantor remains solely responsible for obtaining any applicable governmental permits and
approvals for any construction or other activity or use permitted by this Conservation Easement,
and all such construction or other activity or use shall be undertaken in accordance with all
applicable federal, state, and local laws, regulations, and requirements. The Grantor shall keep
the Protected Property free of any liens arising out of any work performed for, materials
furnished to, or obligations incurred by the Grantor.
2. No possessory Rights Grantor acknowledges that Holder has neither possessory rights in
the Protected Property, nor any responsibility to control, maintain, or keep up the Protected
Property. Grantor shall retain all responsibilities and shall bear all costs and liabilities of any
nature related to the ownership, operation, upkeep, improvement, and maintenance of the
Protected Property.
3. Taxes If Grantor has an obligation to pay taxes, Grantor shall pay before delinquency all
taxes, assessments, fees, and charges of whatever description levied on or assessed against the
Protected Property by competent authority (collectively "taxes "), including any taxes imposed
upon, or incurred as a result of, this Conservation Easement, and shall furnish Holder with
satisfactory evidence of payment upon request.
4. Subsequent Transfers The Grantor agrees to incorporate the terms of this Conservation
Easement by reference in any deed or other legal instrument by which they divest themselves of
either the fee simple title or possessory interest in all or a portion of the Protected Property. The
Grantor also agrees to notify the Holder in writing of any such transfer. The failure of the
Grantor to perform any act required by this paragraph shall not impair the validity of this
Conservation Easement or limit its enforceability in any way.
5. Successors The covenants, terms, conditions, and restrictions of this Conservation
Easement shall be binding upon and inure to the benefit of the parties hereto and their respective
personal representatives, heirs, successors, and assigns and shall continue as a servitude running
in perpetuity with the Protected Property. The terms "Grantor" and "Holder," wherever used
herein, and any pronouns used in place thereof, shall include, respectively, the above -named
11
412263413
AGENDA ITEM # 8A
SEPTEMBER 24, 2012
Grantor and her personal representatives, heirs, successors, and assigns, and the above -named
Holder and its successors and assigns.
6. Merger The Grantor and the Holder agree that the terms of this Conservation Easement
shall survive any merger of the fee and easement interest in Protected Property.
7. Notices Any notice, demand, request, consent, approval, or communication that either
party desires or is required to give to the other under the terms of this Conservation Easement
shall be in writing and either served personally or sent by registered or certified mail, postage
prepaid, to the following addresses, or such other address as either party may hereafter specify
by written notice to the other:
GRANTOR:
Challen Capital, Inc.
1819 Challen Avenue
Jacksonville, Florida 32205
HOLDER:
The Public Trust Environmental Legal Institute of Florida, Inc.
2029 North Third Street
Jacksonville Beach, FL 32250
8. Annual Inspections The Holder has the right to schedule annual inspections of the
Protected Property to determine compliance with the terms of this Conservation Easement. In
doing so, as long as Holder believes that the Grantor has not violated the terms of this
Conservation Easement, the Grantor will be provided with no less than seven (7) days' written
notice of any such inspection, and the Grantor will have the right to accompany the Holder on
such inspection trips.
9. Re- recording The Holder is authorized to record or file any notices or instruments
appropriate to assuring the perpetual enforceability of this Conservation Easement in the official
public records of Duval County, Florida, and the Grantor agrees to execute, acknowledge, and
deliver such further instruments as may be reasonably required to assure the perpetual
enforceability of this Conservation Easement.
10. Severability If any provision of this Conservation Easement or the application thereof to
any person or circumstance is found to be invalid, the remainder of the provisions of this
Conservation Easement and the application of such provisions to persons or circumstances other
than those as to which it is found to be invalid shall not be affected thereby.
11. Liberal Construction Any general rule of construction to the contrary notwithstanding,
this Conservation Easement shall be liberally construed in favor of the grant to affect the purpose
of this Conservation Easement. If any provision in this instrument is found to be ambiguous, an
interpretation consistent with the purpose of this Conservation Easement that would render the
provision valid shall be favored over any interpretation that would render it invalid.
12
412263413
AGENDA ITEM # 8A
SEPTEMBER 24, 2012
12. Captions The captions herein have been inserted solely for convenience of reference, are
not a part of this Conservation Easement, and shall have no effect upon its construction or
interpretation.
13. Counterparts This agreement may be executed in any number of counterparts, each of
which shall be an original and all of which together shall constitute a single instrument.
14. Transfer of Grantor's Interest Grantor shall have the right to convey the Protected
Property subject to the terms and conditions of this Conservation Easement. Grantor and each
successor to Grantor shall be fully released from the performance of Grantor's obligations
arising subsequent to such Grantor's conveyance of all its right, title and interest in the Protected
Property. Neither the original Grantor nor any successor shall be liable for any obligation
hereunder arising after transfer of all its interest in the Protected Property.
15. State Action This Conservation Easement does not obligate the City of Atlantic Beach
to defend any action by the State of Florida to ownership of all or a portion of Protected
Property.
TO HAVE AND TO HOLD this Conservation Easement, together with all and singular
the appurtenances and privileges belonging or in any way pertaining thereto, either in law or in
equity, either in possession or expectancy, for the proper use and benefit of the Holder forever.
IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed on the day
and year aforesaid.
Signed, sealed and delivered Challen Capital, Inc.
in the presence of: a Florida corporation
Print:
Print:
STATE OF FLORIDA
COUNTY OF DUVAL
By:_
Print:
Its:
The foregoing instrument was acknowledged before me this of
20_, by , as of Challen Capital, Inc., a
Florida corporation, on behalf of the corporation, who
O is personally known to me;
13
41226341_3
AGENDA ITEM # 8A
SEPTEMBER 24, 2012
() has produced a Driver's License as identification; or
{) has produced a as identification.
Notary Signature
Print Name:
Notary Public, State and County Aforesaid
My commission expires:
Commission Number:
(Notarial Seal)
14
41226341_3
AGENDA ITEM # 8A
SEPTEMBER 24, 2012
EXHIBIT A
A -1
Doc # 2005213529, OR BK 12541 Page 500, 1 of 8 Filed & Recorded 06/09/2005 at
03:46 PM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $69.50 DEED
DOC ST $0.70
Prepared by:
Return to:
Office of General Counsel
St. Johns River Water Management District
P.O. Box 1429
Palatka, FL 32178 -1429
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT is made this C I T U day of JµA-C , 2005 by
BESTCON. Inc. having an address at 4400 Marsh Landing Marsh Landing Blvd,Suite 6. Ponte Vedra Beach. FL6. Ponte Vedra Beach. FL
32082 ("Grantor'), in favor of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body
existing under Chapter 373, Florida Statutes, having a mailing address at P. O. Box 1429, Palatka, Florida
32178 -1429 ( "Grantee ").
WITNESSETH:
WHEREAS, Grantor solely owns in fee simple certain real property in Duval County Florida, more
particularly described in Exhibit "A" attached hereto and incorporated by this reference as (the "Property");
WHEREAS, Grantor grants this conservation easement as a condition of permit #4031- 88700 -1 88700 -1
issued by Grantee, solely to off -set adverse impacts to natural resources, fish and wildlife, and wetland
functions; and
WHEREAS, Grantor desires to preserve the Property in its natural condition in perpetuity;
NOW THEREFORE, in consideration of the above and the mutual covenants, terms, conditions
and restrictions contained herein, and pursuant to the provisions of section 704.06, Florida Statutes,
Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the
Property of the nature and character and to the extent hereinafter set forth (the "Conservation Easement").
Grantor fully warrants title to said Property, and will warrant and defend the same against the lawful claims
of all persons whomsoever.
Form 133
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OR BK 12541 PAGE 501
AGENDA ITEM # 8A
SEPTEMBER 24, 2012
1. Purpose. The purpose of this Conservation Easement is to assure that the Property will be
retained forever in its existing natural condition and to prevent any use of the Property that will impair or
interfere with the environmental value of the Property.
2. Prohibited Uses Any activity on or use of the Property inconsistent with the purpose of this
Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following
activities and uses are expressly prohibited:
(a) Construction or placing buildings, roads, signs, billboards or other advertising, utilities or other
structures on or above the ground.
(b) Dumping or placing soil or other substance or material as landfill or dumping or placing of
trash, waste or unsightly or offensive materials.
(c) Removing or destroying trees, shrubs, or other vegetation.
(d) Excavating, dredging or removing loam, peat, gravel, soil, rock or other material substances in
such a manner as to affect the surface.
(e) Surface use, except for purposes that permit the land or water area to remain predominantly
in its natural condition.
(f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil
conservation, or fish and wildlife habitat preservation.
(g) Acts or uses detrimental to such retention of land or water areas.
(h) Acts or uses detrimental to the preservation of the structural integrity or physical appearance
of sites or properties of historical, architectural, archaeological, or cultural significance.
3. Reserved, Risahts Grantor reserves unto itself, and its successors and assigns, all rights
accruing from its ownership of the Property, including the right to engage in or permit or invite others to
engage in all uses of the Property, that are not expressly prohibited herein and are not inconsistent with
the purpose of this Conservation Easement.
4. Rights of Grantee To accomplish the purposes stated herein, Grantor conveys the following
rights to Grantee:
Form 133
OR BK 12541 PAGE 502
AGENDA ITEM # 8A
SEPTEMBER 24, 2012
(a) To enter upon and inspect the Property in a reasonable manner and at reasonable times to
determine if Grantor or its successors and assigns are complying with the covenants and prohibitions
contained in this Conservation Easement.
(b) To proceed at law or in equity to enforce the provisions of this Conservation Easement and
the covenants set forth herein, to prevent the occurrence of any of the prohibited activities set forth herein,
and require the restoration of areas or features of the Property that may be damaged by any activity
inconsistent with this Conservation Easement.
5. Grantee's Discretion Grantee may enforce the terms of this Conservation Easement at its
discretion, but if Grantor breaches any term of this Conservation Easement and Grantee does not
exercise its rights under this Conservation Easement, Grantee's forbearance shall not be construed to be
a waiver by Grantee of such term, or of any subsequent breach of the same, or any other term of this
Conservation Easement, or of any of the Grantee's rights under this Conservation Easement. No delay or
omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such
right or remedy or be construed as a waiver. Grantee shall not be obligated to Grantor, or to any other
person or entity, to enforce the provisions of this Conservation Easement.
6. Grantee's Liability Grantor will assume all liability for any injury or damage to the person or
property of third parties which may occur on the Property arising from Grantor's ownership of the Property.
Neither Grantors, nor any person or entity claiming by or through Grantors, shall hold Grantee liable for
any damage or injury to person or personal property which may occur on the Property. Upon conveyance
of the Property subject to this conservation easement to an owners association and assumption by the
owners association of the Grantor's obligations hereunder, Grantor shall be relieved of all liability
hereunder. However, this limitation shall have no effect of bearing on the holder of permit number 40 -031-
88700-1 and the conditions, obligations and liabilities attached thereto unless such permit has been validly
transferred pursuant to applicable regulations.
7. Acts Beyond Grantor's Control Nothing contained in this Conservation Easement shall be
construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property
resulting from natural causes beyond Grantor's control, including, without limitation, fire, flood, storm and
Form 133
OR BK 12541 PAGE 503
AGENDA ITEM # 8A
SEPTEMBER 24, 2012
earth movement, or from any necessary action taken by Grantor under emergency conditions to prevent,
abate or mitigate significant injury to the Property or to persons resulting from such causes.
8. Recordation Grantor shall record this Conservation Easement in timely fashion in the Official
Records of Duval County Florida, and shall rerecord it at any time Grantee may require to preserve its
rights. Grantor shall pay all recording costs and taxes necessary to record this Conservation Easement in
the public records. Grantor will hold Grantee harmless from any recording costs or taxes necessary to
record this Conservation Easement in the public records.
9. Successors The covenants, terms, conditions and restrictions of this Conservation Easement
shall be binding upon, and inure to the benefit of the parties hereto and their respective personal
representatives, heirs, successors and assigns and shall continue as a servitude running in perpetuity with
the Property.
Form 133
OR BK 12541 PAGE 504
EXHIBIT A
legal description
Form 133
AGENDA ITEM # 8A
SEPTEMBER 24, 2012
OR BK 12541 PAGE 505
FROM :CLARSON & ASSOCIATES
PAX POOH IE 386.2622
FAX NO. :904 396 2633
AGENDA ITEM # 8A
SEPTEMBER 24, 2012
Jun. 06 2005 10:04AM P2
CLARSON AND ASSOCIATES INC.
PROFESSIONAL SURVEYORS 6 MAPPERS
1 643 NALDO AVENUE
JACKSONVILLE, FLORIDA 32207
DECEMBER A 2004
CONSERVATION EASEMENT FOR PARADISE PRESERVE
Fwmaiklk • • ; " L_ —foNq
A PART OF GOVERNMENT LOT 1, SECTION 18, TOWNSH[p 2 SOUTH, RANGE 29 EAST, DUVAL
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FOR A POINT OF REFERENCE COMMENCE AT THE MOST NORTHEASTERLY CORNER OF THE
LANDS AS DESCRIBED IN OFFICIAL RECORDS VOLUME 4648, PAGE 252 OF THE CURRENT PUBLIC
RECORDS OF SAID COUNTY, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF
DUTTON ISLAND DRIVE (FORMERLY CHURCH ROAD AND FORMERLY LEVY ROAD EXTENSION)
COUNTY ROAD NO.222 AS NOW ESTABLISHED AS A 66 FOOT RIGHT OF WAY); THENCE NORTH 00 °
23'10" WEST, A DISTANCE OF 43.00 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF
SAID GOVERNMENT LOT 1, SECTION 18, TOWNSHIP 2 SOUTH, RANGE 29 EAST; THENCE NORTH 89 °
49'10" WEST, ALONG SAID NORTH FILLY LINE OF GOVERNMENT LOT 1, A DISTANCE OF 868.48 FEET;
THENCE SOUTH 05" 30'57" EAST, A DISTANCE OF 91.17 FEET TO THE POINT OF BEGINNING.
FROM THE POINT OF BEGINNING THUS DESCRIBED CONTINUE SOUTH 05 30' 57" EAST, A
DISTANCE OF 57.27 FEET; THENCE SOUTH 69" 03'00" WEST, A DISTANCE OF 81.81 FEET; THENCE
SOUTH 20 57'00" EAST, A DISTANCE OF 10.00 FEET; THENCE NORTH 69 ° 03'00" EAST, A DISTANCE
OF 58.19 FEET TO A POINT ON SAID NORTHERLY RIGHT OF WAY LINE OF DUTTON ISLAND DRIVE;
THENCE SOUTH 46° 05' 50" WEST, A DISTANCE OF 592.11 FEET; THENCE NORTH 39° 01'07" WEST,
A DISTANCE OF 75.27 MET; THENCE NORTH 16° 08' 53" WEST, A DISTANCE OF 185.74 FEET; THENCE
NORTH 39 ° 18'02" WEST, A DISTANCE OF 39.46 FEET; THENCE NORTH 24 ° 06'02" WEST, A D ISTANCE
OF 124.70 FEET; THENCE SOUTH 66° 15'32" EAST, A DISTANCE OF 126.42 FEET; THENCE SOUTH 75'
44'27" EAST, A DISTANCE OF 56.36 FEET; THENCE SOUTH 84 59'20" EAST, A DISTANCE OF 52.97
FEET; THENCE NORTH 79 30'45" EAST, A DISTANCE OF 50.84 FEET , THENCE NORTH 69 48'33"
EAST, A DISTANCE OF 260.59 FEET; THENCE SOUTH 83° 52' 17" EAST, A DISTANCE OF 29.68 FEET;
THENCE NORTH 61" 44' 51" EAST, A DISTANCE OF 25.55 FEET; THENCE NORTH 40° 0644" EAST, A
DISTANCE OF 47.40 FEET; THENCE NORTH 12 24' 44" EAST, A DISTANCE OF 24.42 FEET; THENCE
NORTH 59° 45'37" EAST, A DISTANCE OF 10.51 FEET TO THE POINT OF BEGINNING.
CONTAINING 2.23 ACRES, MORE OR LESS.
(DRAWING NO. A -3550)
Received Time Jun. 6. 10:28AM
OR BK 12541 PAGE 506
AGENDA ITEM # 8A
SEPTEMBER 24, 2012
CONSENT AND JOINDER OF MORTGAGEE
The undersigned c r rLu S f (mortgagee), the mortgagee under that certain
(title of m rtgage document) dated recorded at Official Records
Book ��,Opage �;w'# u �' County, Florida, (if na assignments, specify) hereby
consents and joins in the foregoing Deed of Conservation Easement, and subordinates its mortgage lien
encumbering all or any part of the Property (as described in the foregoing Deed of Conservation
Easement) to the Deed of Conservation Easement.
I ITNESS WHE EOF, this Consent and Joinder is executed by the undersigned this
day of _ , 200
STATE OF FLORI A
COUNTY OF 0 I
The f g ing instrument was acknowledged before me this
who did not take an oath.
VW'Uey4P -�
M ary Public, State of Florida
Michelle Diaz at Large.
Commiesion#DD333881
My Comm / Ex
n D(
�. " Expir Ju n 29, 2008
'tj� %` . AtLntio Bonding Co., Mo
Serial No. 6 0933
2007, by
Personally known OR produced identification . Identification produced
Form 133
OR BK 12541 PAGE 507
AGENDA ITEM # 8A
SEPTEMBER 24, 2012
IN WITNESS WHEREOF, Grantor has executed this Conservation Easement on the day and year first
above written.
Signed, sealed and deli red
in our presence as t s
Signature:
Printed Name: Jobe
Signatur
Printed Name:
GRANTOR:
Signature:
Printed Name: Paw,
STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing inst ment was acknowledged before me this day of UV e 200f by
ptJ l U-7 . I , = ho did not take an oath.
Notary Public, State of Florida
at Large.
My Commission Expires:
' / Serial No.
Y
Personal) known `Z OR produced identification . Identification produced
0 JXH
`V h
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= June 191 2008
.g # D 13 314663 o " •
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�9 • •' negoo b OQ O •
tt
Form 133
Doc # 2005343605, OR BK 12759 Page 1266, Number Pages: 9, Filed & Recorded
09/19/2005 at 09 :54 AM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING
$78.00
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT is made this 6 �� day of 2005 by
BESTCON. Inc. having an address at 4400 Marsh Landing Blvd Suite 6 Po a Vedra Beach, FL
32082 ( "Grantor"), in favor of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body
existing under Chapter 373, Florida Statutes, having a mailing address at P. O. Box 1429, Palatka, Florida
32178 -1429 ( "Grantee ").
WITNESSETH:
WHEREAS, Grantor solely owns in fee simple certain real property in Duval County Florida, more
particularly described in Exhibit "A" attached hereto and incorporated by this reference as (the "Property");
WHEREAS, Grantor grants this conservation easement as a condition of permit #40- 031 - 88700 -1
issued by Grantee, solely to off -set adverse impacts to natural resources, fish and wildlife, and wetland
functions; and
WHEREAS, Grantor desires to preserve the Property in its natural condition in perpetuity;
NOW THEREFORE, in consideration of the above and the mutual covenants, terms, conditions
and restrictions contained herein, and pursuant to the provisions of section 704.06, Florida Statutes,
Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the
Property of the nature and character and to the extent hereinafter set forth (the "Conservation Easement").
Grantor fully warrants title to said Property, and will warrant and defend the same against the lawful claims
of all persons whomsoever.
0
Form 133
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Prepared by:
Return to:
Office of General Counsel
St. Johns River Water Management District
P.O. Box 1429
Palatka, FL 32178 -1429
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT is made this 6 �� day of 2005 by
BESTCON. Inc. having an address at 4400 Marsh Landing Blvd Suite 6 Po a Vedra Beach, FL
32082 ( "Grantor"), in favor of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body
existing under Chapter 373, Florida Statutes, having a mailing address at P. O. Box 1429, Palatka, Florida
32178 -1429 ( "Grantee ").
WITNESSETH:
WHEREAS, Grantor solely owns in fee simple certain real property in Duval County Florida, more
particularly described in Exhibit "A" attached hereto and incorporated by this reference as (the "Property");
WHEREAS, Grantor grants this conservation easement as a condition of permit #40- 031 - 88700 -1
issued by Grantee, solely to off -set adverse impacts to natural resources, fish and wildlife, and wetland
functions; and
WHEREAS, Grantor desires to preserve the Property in its natural condition in perpetuity;
NOW THEREFORE, in consideration of the above and the mutual covenants, terms, conditions
and restrictions contained herein, and pursuant to the provisions of section 704.06, Florida Statutes,
Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the
Property of the nature and character and to the extent hereinafter set forth (the "Conservation Easement").
Grantor fully warrants title to said Property, and will warrant and defend the same against the lawful claims
of all persons whomsoever.
0
Form 133
OR BK 12759 PAGE 1267
AGENDA ITEM # 8A
SEPTEMBER 24, 2012
1. Purpose The purpose of this Conservation Easement is to assure that the Property will be
retained forever in its existing natural condition and to prevent any use of the Property that will impair or
interfere with the environmental value of the Property.
2. Prohibited Uses Any activity on or use of the Property inconsistent with the purpose of this
Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following
activities and uses are expressly prohibited:
(a) Construction or placing buildings, roads, signs, billboards or other advertising, utilities or other
structures on or above the ground.
(b) Dumping or placing soil or other substance or material as landfill or dumping or placing of
trash, waste or unsightly or offensive materials.
(c) Removing or destroying trees, shrubs, or other vegetation.
(d) Excavating, dredging or removing loam, peat, gravel, soil, rock or other material substances in
such a manner as to affect the surface.
(e) Surface use, except for purposes that permit the land or water area to remain predominantly
in Its natural condition.
(f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil
conservation, or fish and wildlife habitat preservation.
(g) Acts or uses detrimental to such retention of land or water areas.
(h) Acts or uses detrimental to the preservation of the structural integrity or physical appearance
of sites or properties of historical, architectural, archaeological, or cultural significance.
3. Reserved Rights Grantor reserves unto itself, and its successors and assigns, all rights
accruing from its ownership of the Property, including the right to engage in or permit or invite others to
engage in all uses of the Property, that are not expressly prohibited herein and are not inconsistent with
the purpose of this Conservation Easement.
4. Rights of Grantee To accomplish the purposes stated herein, Grantor conveys the following
rights to Grantee:
Form 133
OR BK 12759 PAGE 1268
AGENDA ITEM # 8A
SEPTEMBER 24, 2012
(a) To enter upon and inspect the Property in a reasonable manner and at reasonable times to
determine if Grantor or its successors and assigns are complying with the covenants and prohibitions
contained in this Conservation Easement.
(b) To proceed at law or in equity to enforce the provisions of this Conservation Easement and
the covenants set forth herein, to prevent the occurrence of any of the prohibited activities set forth herein,
and require the restoration of areas or features of the Property that may be damaged by any activity
inconsistent with this Conservation Easement.
5. Grantee's Discretion Grantee may enforce the terms of this Conservation Easement at its
discretion, but if Grantor breaches any term of this Conservation Easement and Grantee does not
exercise its rights under this Conservation Easement, Grantee's forbearance shall not be construed to be
a waiver by Grantee of such term, or of any subsequent breach of the same, or any other term of this
Conservation Easement, or of any of the Grantee's rights under this Conservation Easement. No delay or
omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such
right or remedy or be construed as a waiver. Grantee shall not be obligated to Grantor, or to any other
person or entity, to enforce the provisions of this Conservation Easement.
6. Grantee's Liability Grantor will assume all liability for any injury or damage to the person or
property of third parties which may occur on the Property arising from Grantor's ownership of the Property.
Neither Grantors, nor any person or entity claiming by or through Grantors, shall hold Grantee liable for
any damage or injury to person or personal property which may occur on the Property. Upon conveyance
of the Property subject to this conservation easement to an owners association and assumption by the
owners association of the Grantor's obligations hereunder, Grantor shall be relieved of all liability
hereunder. However, this limitation shall have no effect of bearing on the holder of permit number 40 -031-
88700-1 and the conditions, obligations and liabilities attached thereto unless such permit has been validly
transferred pursuant to applicable regulations.
7. Acts Beyond Grantor's Control Nothing contained in this Conservation Easement shall be
construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property
resulting from natural causes beyond Grantor's control, including, without limitation, fire, flood, storm and
Form 133
OR BK 12759 PAGE 1269
AGENDA ITEM # SA
SEPTEMBER 24, 2012
earth movement, or from any necessary action taken by Grantor under emergency conditions to prevent,
abate or mitigate significant injury to the Property or to persons resulting from such causes.
8. Recordation Grantor shall record this Conservation Easement in timely fashion in the Official
Records of Duval Countv Florida, and shall rerecord it at any time Grantee may require to preserve its
rights. Grantor shall pay all recording costs and taxes necessary to record this Conservation Easement in
the public records. Grantor will hold Grantee harmless from any recording costs or taxes necessary to
record this Conservation Easement in the public records.
9. Successors The covenants, terms, conditions and restrictions of this Conservation Easement
shall be binding upon, and inure to the benefit of the parties hereto and their respective personal
representatives, heirs, successors and assigns and shall continue as a servitude running in perpetuity with
the Property.
Form 133
OR BK 12759 PAGE 1270
AGENDA ITEM # 8A
SEPTEMBER 24, 20]2
IN WITNESS WHEREOF, Grantor has executed this Conservation Easement on the day and year first
above written.
GRANTOR:
Signatur Z L'-
Printed Name: ?A' � ''J._ d t t l+y l — s
Printed Name:
RENEE GAIL RUSS
MY COMMISSION#DD44M
STATE OF FLORIDA
exr INBS. July 70 200V
COUNTY OF DUVAL oom
The foregoing instrument was acknowledged before me this, day of 20QS by
who did not take an oath
l� Notary Public, Sta a of Florida
at Large.
` My Commissp� Expit. - Coq
II VV _ 1 or��
Serial No. - 8 D 0
PEr�orially known _�OR produced identification . Identification produced
Form 133
Signed, sealed and delivered
in our presence as witnesses:
OR BK 12759 PAGE 1271
AGENDA ITEM # 8A
SEPTEMBER 24, 2012
CONSENT AND JOINDER OF MORTGAGEE
The undersigned, 041 A D1� UY. (m rt a ee) the mortgagee under that certain
(title of mortgage document) dated I N 11 and recorded at Official Records
Book_, page _, of County, Florid d, (if bny assignments, specify) hereby
consents and joins in the foregoing Deed of Conservation Easement, and subordinates its mortgage lien
encumbering all or any part of the Property (as described in the foregoing Deed of Conservation
Easement) to the Deed of Conservation Easement.
tN WITNESS WHEREOF, this Consent and Joinder is executed by the undersigned this ?/
day of 6#-
1�� + ^esses'
I�h �xwd
Name:
STATE OF FLORA r � L
COUNTY OF _ I
gagee
BY:
Name:
Title: VICc - fe'ri.A
T g f regoingnstrument was acknowledged before me this y day of J , 200 by
WlUI A _ Uf , who did not take an oath.
r
Jocelyn Gabriel at
%ry e ublic, tate o Florid
:Commission #DD192038
'•';'� Expires: Mar 10, 2007 My com w�l E , x � pires:
% ? Bonded Rini IMp YV�/1 1 U N/ U Z
-veantic Bonding Co.. Inc
Serial No.
Personally known Y OR produced identification Identification produced
Form 133
OR BK 12759 PAGE 1272
EXHIBIT A
legal description
AGENDA ITEM # 8A
SEPTEMBER 24, 2012
Form 133
OR BK 12759 PAGE 1273
AGENDA ITEM # 8A
SEPTEMBER 24, 2012
�x3
roscas
Am
lip FAX NO. :904 396 2GNy0Z:0l 'yZ- 2ny,emil panieaed;" P2
CLA RSON AND ASSOCIATES INC.
pROFMO10WA GURVIKYoRS & MAPPERS
1643 NALAO AVENUE
,LACK643lM LE , ]FLORIDA 32207
RKVISED APRIL 25, 2005
DECEMBER A 2004
CONSERVATION EASEMENT FOR PARADISE PRESERVE
A PART OF GOVERNMENT LOT 1, SECTION 18, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL
COUNTY, FLORIDA, BEINO MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FOR A POINT OF REFERENCE COMMENCE AT THE MOST NORTHEASTERLY CORNER OF THE
LANDS AS DESCRIBED IN OFFICIAL RECORDS VOLUME 4648, PAGE 252 OF THE CURRENT PUBLIC
RECORDS OF SAID COUNTY, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF
DUTTON ISLAM? DRIVE (FORMERLY CHURCH ROAD AND FOGY LEVY ROAD EXTENSION)
COUNTY ROAD NO. 222 AS NOW ESTABLISHED AS A 66 FOOT RIGHT OF WAY); THENCE NORTH 00
23' 10' WEST, A DISTANCE OF 43.00 FES'T TO AN INTERSECTION WrM THE NORTHERLY LINE OF
SAM QOVERNMENT LOT 1, SECTION 18, TOWNSHIP 2 SOLMI, RANGE 29 EAST; THENCE NORT14 89*
49' 10" WEST, ALONG SAID NORTHERLY LINEOFGOVERNMENTLOT 1, A DISTANCE OF868.48 FEET;
Tff..ENCE SOUTH 05 ° 30'57" EAST, A DISTANCE OF 91.17 FEET TO THE POINT OF BEGINNING.
FROM THE PO1Nl OP BEOMMING THUS DESCRIBED CONTINUE SOUTH 05 30' 57" EAST, A
DISTANCE OF 57.27 FEET; THENCE SOUTH 69" 03' 00" WEST, A DISTANCE OF 8 1 .81 FEET; THENCE
SOUTH 20 ° 57'00" EAST, A DISTANCE OF 10.00 FEET, THENCE NORTH 69-03 00" EAST, A DISTANCE
OF 58.19 FEET TO A POINT ON SAID NORTHERLY RIGHT OF WAY LINE OF DUTTON ISLAND DRIVE.
TIIENCE SOUTH 46 05'50" WEST. A DISTANCE OF 592.11 FEET; THENCE-NORTH 39° 01'07" WEST,
A, DISTANCE OF 75.27 FEET; THENCE NORTH 16* 08' 53" WFST, A DISTANCE OF 185.74 FEET; THENCE
NORTH 39 WEST, A DISTANCE OF 39.46 FEET ;THENCE NORTH 24'06'02" WEST. A DISTANCE
OP 124.70 FEET; THENCE SOUTH 66° 15'32" EAST, A DISTANCE OF 126.42 FEAT; THENCE SOUTH 75°
44' 27" EAST, A DISTANCE OF 56.36 FEET; THENCE SOUTH 84' 59' 20" EAST, A DISTANCE OF 52.97
PPET; THENCE NORTH 79 45" EAST. A DISTANCE OF 50.84 FEET; THENCE NORTH 69° 48'33"
EAST, A DISTANCE OF 260 "59 FEET; TIMNCE SOUTH 83 52'17" BAST, A DISTANCE OF 29.68 FWr;
THENCE NORTH 61 44'5 1 "" EAST, A DISTANCE OF 25.55 FEET; THENCE NORTH 40' 06'44" EAST, A
DISTANCE OP 47.40 FEET; TIIENCE NORTH 12`24' 44" EAST, A DISTANCE OF 24.42 FEET; THENCE
NORTH 59° 45'37" FAST, A DISTANCE OF 10.51 FEET TO THE POINT OF BEGINNING.
CONTAINING 2.23 ACRES, MORE OR LESS.
(DRAWING NO. A -3550)
Ed WdLZ:60 S00z VZ ' 6Z6tiS8Z1706: 'ON Xdd
�uI `548: WONJ
OR SK 12759 PAGE 1274
AGENDA ITEM # 8A
SEPTEMBER 24, 2012
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